Is There A Cap On Medical Malpractice Damages In Florida?

As long as there have been medical professionals, there have been lawsuits for medical malpractice. While the majority of doctors and nurses are dedicated and knowledgeable workers, even the best physician can make an error. When a patient is injured due to the alleged negligence of a medical professional, they have the right to seek damages from that medical professional, but doing so is actually quite difficult in Florida. Up until recently, there were caps on the amount of damages one could recover in a medical malpractice lawsuit, but as of this writing, those caps are a thing of the past.

Fear Of Soaring Premiums Moves Tort Reform

Whispered stories of a ‘medical malpractice crisis’ have haunted Florida since the 1970s, spreading fear of malpractice premiums shooting through the proverbial roof and a denial of care for patients as physicians would allegedly flee the state. In reality, while it is true that Florida is experiencing a significant shortage of physicians, skyrocketing premiums are not the reason why.

Some of the other reasons why there are relatively few physicians in the Sunshine State are replicated nationwide – Congress has declined, as of this writing, to fund residency programs at the rate it once did, and as this administration’s continued mistreatment of immigrants continues, fewer and fewer medical professionals are coming to the U.S. to study or work (though, as of mid-May 2026, visa restrictions have been lifted on doctors from three dozen countries). In addition, physicians, who are (at least in theory) people of science, are generally hesitant to work in a state that espouses anti-science conspiracy theories.

Pre-suit “Investigation” Prevents Many Lawsuits

If you have been injured or suffered ill effects from what you believe to be a medical error, you have the right to seek damages for the harm you have suffered, and since the decision in North Broward Health District v. Kalitan (2017), there is no cap on either the tangible or intangible damages that an injured plaintiff may seek and receive. However, that is perhaps the only positive about filing a medical malpractice suit in Florida.

Unlike in many other states, Florida requires a complex pre-suit “investigation” on the part of the plaintiff before it will permit a malpractice suit to be filed. This essentially means that if the power to file suit is granted, both parties will essentially have to relitigate points they have already discussed. If the plaintiff is barred from filing suit, they essentially get no compensation of any kind after suffering harm.

Contact An Orlando Medical Malpractice Attorney

Medical malpractice can cause real, long-lasting harm to a patient, but getting justice in Florida can be difficult, even though there are no longer caps on the amount of damages one might receive. If you believe you have a case, an Orlando medical malpractice attorney from the Hornsby Law Group can help determine your best course of action. Call our office today to schedule a consultation.

Source:

fox23.com/news/us-lifts-hold-on-immigration-applications-for-doctors-but-leaves-others-waiting/article_81e2a9e0-ea7f-5550-a0fe-f79f9450d5a2.html